Matthew R. Rheingans’s Answers

Matthew R. Rheingans

Venice Elder Law Attorney.

Contributor Level 7
  1. HOA florida wont talk,how can i pay off my lein before they forclose?

    Answered about 2 years ago.

    1. Matthew R. Rheingans
    2. Keith Adam Halpern
    3. J. Garry Rooney
    3 lawyer answers

    If a lien has been recorded then the amount of the lien should be stated on the face. You can send an estoppel letter to the HOA or its property manager which requests the amount of the lien to be paid off and it will give you a time frame for which this payoff amount is valid. If you can't afford to pay the lien in full, then you will need to negotiate a payment plan with the HOA attorney. This plan should be in writing to protect yourself. If the HOA is not talking to you, then start...

    6 lawyers agreed with this answer

  2. My brother has total access to my mothers bank account. i feel he is stealing money from her account. will not show statements

    Answered about 2 years ago.

    1. Matthew R. Rheingans
    2. Lawrence A Friedman
    3. David L. Carrier
    4. James P. Frederick
    4 lawyer answers

    If he is a joint owner, he can access the account funds. Your mother still has a cause of action against him, but unless you can trace funds to their source, it will be hard to prove that your brother stole the funds or converted them to his own use. You should report this type of activity to either the Department for Children and Families Adult Protective Services or to the Department of Elder Affairs. Here are links to both of those reporting websites. http://www.dcf.state.fl.us/...

    5 lawyers agreed with this answer

  3. What is Asset Protection - I hear so much about it...

    Answered over 2 years ago.

    1. Matthew R. Rheingans
    2. J. Garry Rooney
    3. David Michael Goldman
    4. Joseph Franklin Pippen Jr.
    5. James P. Frederick
    5 lawyer answers

    Asset protection is a generic term used to describe an area of law whose objective it is to legally protect assets from creditors through estate planning, formation of certain trusts, joint titling, etc. Your house in Florida should be homesteaded which means its constitutionally protected from creditors claims with the exceptions of mortgages, equity lines, or liens from contractors. Regarding protecting your money, a creditor can't get to your money until they have a judgment. At that...

    5 lawyers agreed with this answer

  4. TOD/POD Beneficiaries - are they responsible for my debts when i die and if so, which debts in general? is a living trust a must

    Answered over 2 years ago.

    1. Matthew R. Rheingans
    2. Steven H. Kane
    3. Timothy Edward Kalamaros
    4. James P. Frederick
    4 lawyer answers

    I agree with Mr. Kalamaros' answer. You need to consult an estate planning attorney to properly plan for these objectives. Echoing his sentiment, these TOD forms are deceptively simple and they vary from brokerage firm to brokerage firm. For example, the Merrill Lynch form I have seen only allows the account holder to name a single beneficiary, with no contingent beneficiaries, etc. Also, people tend to not re-visit these forms when their beneficiaries die, so if that were to happen and...

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  5. I am remaindermen with full interest of house. The life estate tenant passed. How do i sell my interest? do I have to petition?

    Answered over 2 years ago.

    1. Matthew R. Rheingans
    2. Marian Audrey Lindquist
    3. Lawrence Jay Davis
    3 lawyer answers

    Look at the deed that was recorded in the clerk's office. If you are clearly stated as the remainderman and it is clear from the deed that the decedent only had a life estate, then all you need to do is record a short form death certificate (i.e., without the cause of death) in the Clerk's office. Anyone can order a short form death certificate on anyone who died in the state. It is either available from the Bureau of Vital Statistics or if the tenant died in Monroe County, you could get the...

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  6. Gifts before expiring

    Answered about 2 years ago.

    1. Joseph Franklin Pippen Jr.
    2. Matthew R. Rheingans
    3. David Michael Goldman
    4. John Talbot Nicholson
    4 lawyer answers

    Your question is a little vague. I agree with Mr. Pippen in that anyone can bring a suit for just about anything as the civil court system is our system of redress in this country. A disgruntled heir could bring a suit alleging lack of mental capacity, undue influence or tortious interference with an expectancy in an attempt to claw back the gifts.

    4 lawyers agreed with this answer

  7. We applied for FL. Medicaid and my father wants to sell me his life insurance for cash value is it to late?

    Answered over 2 years ago.

    1. Matthew R. Rheingans
    2. Joseph Franklin Pippen Jr.
    3. Israel Sands
    3 lawyer answers

    I'm not sure if its your mother or father that is the Medicaid applicant. If the Medicaid applicant for ICP benefits is the owner of a life insurance policy with a cash surrender value of more than $2500 then to the extent that it exceeds $2500, it is a countable asset which should have been disclosed to Medicaid in the application. The amount above $2500 will need to be spent down or converted into a non-countable form before he would be eligible for benefits. If your father sells an...

    4 lawyers agreed with this answer

  8. If one receives a Quit Claim deed of a house from their sibling, will the spouse of the recipient become a legal co-owner in FL?

    Answered about 2 years ago.

    1. Marshall C Deason Jr.
    2. Matthew R. Rheingans
    3. Jeff Tomberg
    3 lawyer answers

    If it becomes their homestead, then yes, the spouse has homestead rights the moment the deed is executed and delivered to the grantee. Also, if it is not their homestead, then this may be considered marital property that the spouse could claim rights in through a divorce proceeding. I am not a domestic/divorce attorney, but that is an issue that needs to be addressed. I believe that if you can trace the assets back to a non-marital source then a good argument could be made that this property...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Is wife responsible for medical bills after husband's death?

    Answered about 2 years ago.

    1. Martin Harvey Cohen
    2. Matthew R. Rheingans
    3. Jeff Tomberg
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    The statute of frauds in Florida will prevent someone from suing you to answer for the debt of another. Unless you have obligated yourself IN WRITING then you cannot be held liable for your husband's death. Be very careful and read everything very closely about admissions into facilities and the like, as some of these documents attempt to make the signer liable for the patient's debts. It is important to contact an elder law attorney immediately to ensure that there is proper estate...

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  10. In the state of Florida, if a person passes away with no will, must the estate be distributed equally?

    Answered about 2 years ago.

    1. Sherri Lynn Johnson
    2. Michael D. Fowler
    3. Jeff Tomberg
    4. Matthew R. Rheingans
    5. Daniel Todd Fleischer
    6. ···
    6 lawyer answers

    Florida has an intestacy statue at Florida Statues Ch. 732. If you die without a will or trust that controls the disposition of your assets at death, it is said that you die intestate; as opposed to dying with an estate plan in place, which is called dying intestate. Here is a link to the Florida intestacy statute http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732PartIContentsIndex.html&StatuteYear=2012&Title=-%3E2012-%3EChapter%20732-%3EPart%...

    3 lawyers agreed with this answer

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